M.Kalaiyarasi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Kalaiyarasi ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2.The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Chief Educational Officer, Office of the Chief Educational Office, Salem District, Salem - 636 001.

4.The Headmaster, Government Higher Secondary School, Siruvachur, Salem District - 636 112.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to consider and dispose the representation of the petitioner dated 08.12.2025 to 1/6

grant maternity leave to the petitioner from 07.01.2026 to 06.01.2027.

For Petitioner : Ms.C.Uma For Respondents : Ms.Mythreye Chandru Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the third respondent to consider and dispose the representation of the petitioner dated 08.12.2025 to grant maternity leave to the petitioner from 07.01.2026 to 06.01.2027. 3.The learned counsel appearing for the petitioner submitted that the petitioner was initially appointed as PG Teacher (Maths) in Government Higher Secondary School, Sithal, Rishivandiyam, Kallakurichi District on 17.10.2022 and on completion of probation, the service of the petitioner was regularized by the second respondent vide proceedings dated 07.12.2024. The petitioner was married to 2/6

one D.Manikandan on 22.11.2015 and have two children born on 31.01.2017 and 19.10.2020, which is prior to joining the service. The petitioner made representation to the respondents seeking maternity leave for her third child from 07.01.2026 to 06.01.2027, however, the same has not yet been considered till date.

4.The learned counsel appearing for the petitioner submitted that this Court vide order dated 16.12.2025 in W.P.No.48178 of 2025 has held that a Government employee would be entitled for maternity leave even for the birth of a third child, by virtue of the decision of a Division Bench of this Court in W.P.No.33559 of 2025 dated 04.09.2025, in the case of Ranjitha vs. the Registrar General, High Court of Madras, Chennai and others, following the decision of the Hon'ble Supreme Court in Umadevi vs. Government of Tamil Nadu and others, reported in [2025 SCC Online SC 1204]. Therefore, the learned counsel submits that it would suffice, if this Court issues a direction to the respondents 3 and 4 to consider the representation of the petitioner and grant maternity leave from 07.01.2026 to 06.01.2027. 5.On the above contention, this Court heard the learned 3/6

Special Government Pleader appearing for the respondents.

6. In view of the above, this Court without expressing any opinion on the merits of the case, directs the respondents 3 and 4 to consider the petitioner's representation dated 08.12.2025 in the light of the order passed in W.P.No.33559 of 2025 dated 04.09.2025, and pass appropriate orders on the same in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and any other interested parties.

7.The writ petition is disposed of with the aforesaid direction. No costs.

22.01.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 4/6

To 1.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2.The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Chief Educational Officer, Office of the Chief Educational Office, Salem District, Salem - 636 001.

4.The Headmaster, Government Higher Secondary School, Siruvachur, Salem District - 636 112.

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M.DHANDAPANI,J.

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